Bill Text: PA SB736 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for possession and use of asthma inhalers and epinephrine auto-injectors.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2009-08-06 - Re-referred to APPROPRIATIONS [SB736 Detail]

Download: Pennsylvania-2009-SB736-Amended.html

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PRIOR PRINTER'S NOS. 831, 1076, 1136 PRINTER'S NO. 1145
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 736 Session of2009
INTRODUCED BY ORIE, PILEGGI, MELLOW, PICCOLA, DINNIMAN, ALLOWAY, BOSCOLA, BROWNE, BRUBAKER, EARLL, ERICKSON, FERLO, FOLMER, FONTANA, GREENLEAF, KITCHEN, LEACH, LOGAN, O'PAKE, PIPPY, RAFFERTY, STOUT, TOMLINSON, WARD, WASHINGTON, WAUGH, M. WHITE, WOZNIAK AND VANCE, APRIL 3, 2009
AS AMENDED ON THIRD CONSIDERATION, JUNE 9, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," further providing for possession and
use of asthma inhalers and epinephrine auto-injectors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1414.1 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, added
November 30, 2004 (P.L.1471, No.187), is amended to read:
Section 1414.1. Possession and Use of Asthma Inhalers and
Epinephrine Auto-Injectors.--(a) Each school entity shall
develop a written policy to allow for the possession and self-
administration by children of school age of [an] asthma
[inhaler] inhalers and epinephrine auto-injectors, and the
prescribed medication to be administered thereby, in a school
setting[.], provided that a school entity shall have the right <--
to prevent a student from self-carrying an epinephrine auto-
injector and the prescribed epinephrine medication if the
student is under ten (10) years of age. The policy shall comply
with section 504 of the Rehabilitation Act of 1973 (Public Law
93-112, 29 U.S.C. § 701 et seq.) and 22 Pa. Code Ch. 15
(relating to protected handicapped students). The policy shall
be distributed with the code of student conduct required under
22 Pa. Code § 12.3(c) (relating to school rules) and made
available on the school entity's publicly accessible Internet
website, if any.
(b) The policy under this section shall require a child of
school age that desires to possess and self-administer an asthma
inhaler or epinephrine auto-injector in a school setting to
demonstrate the capability for self-administration and for
responsible behavior in the use thereof and to notify the school
nurse immediately following each use of an asthma inhaler or
epinephrine auto-injector. The school entity shall develop a
system whereby the child may [verify] demonstrate competency to
the school nurse that the child is capable of self-
administration and has permission for carrying and taking the
medication through the use of the asthma inhaler[.] or
epinephrine auto-injector. Determination of competency for self-
administration shall be based on age, cognitive function,
maturity and demonstration of responsible behavior. The school
entity shall also restrict the availability of the asthma
inhaler, the epinephrine auto-injector and the prescribed
medication contained therein from other children of school age[,
with immediate confiscation of both]. The policy shall specify
conditions under which a student may lose the privilege to self-
carry the asthma inhaler, the epinephrine auto-injector and the
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medication [and loss of privileges] if the school policies are
abused or ignored. A school entity that prevents a student from
self-carrying an asthma inhaler or epinephrine auto-injector and
the prescribed medication shall ensure that they are
appropriately stored at locations in close proximity to the
student prohibited from self-carrying and notify the student's
classroom teachers of the places where the asthma inhaler or
epinephrine auto-injector and medication are to be stored and
means to access them.
(c) The policy under this section may include the following:
(1) The requirement of a written statement from the
physician, certified registered nurse practitioner or physician
assistant that provides the name of the drug, the dose, the
times when the medication is to be taken and the diagnosis or
reason the medicine is needed unless the reason should remain
confidential. The physician, certified registered nurse
practitioner or physician assistant shall indicate the potential
of any serious reaction that may occur to the medication, as
well as any necessary emergency response. The physician,
certified registered nurse practitioner or physician assistant
shall state whether the child is qualified and able to self-
administer the medication.
(2) The requirement of a written request from the parent or
guardian that the school entity comply with the order of the
physician, certified registered nurse practitioner or physician
assistant. The parent's note shall include a statement relieving
the school entity or any school employe of any responsibility
for the benefits or consequences of the prescribed medication
when it is parent-authorized and acknowledging that the school
entity bears no responsibility for ensuring that the medication
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is taken.
(3) The ability of the school entity to reserve the right to
require a statement from the physician, certified registered
nurse practitioner or physician assistant for the continued use
of any medication beyond a specified time period. The school
entity shall also require updated prescriptions and parental
approvals on an annual basis from the pupil.
(d) As used in this section, "school entity" means a school
district, intermediate unit, charter school or area vocational-
technical school.
(e) Nothing in this section shall be construed to create,
establish or expand any civil liability on the part of any
school entity or school employe.
(f) Within one hundred twenty (120) days of the effective
date of this subsection, the Department of Health in
coordination with the Department of Education shall provide
technical assistance, resources and publish information on the
Department of Health's publicly accessible Internet website
regarding the administration of medication for allergies by
persons employed with a school entity, including the following:
(1) Proper use of epinephrine devices.
(2) The importance of following the entity's student
services plan required under 22 Pa. Code § 12.41 (relating to
student services) and its responsibilities to comply with
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)
and 22 Pa. Code Ch. 15.
(3) Recognition of the symptoms of a severe allergic
reaction.
(4) Requirements for proper access, storage and security of
student medications.
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(5) Notification of appropriate persons following
administration of medications.
(6) Recordkeeping.
Section 2. This act shall take effect in 90 days.
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